83 FR 22976 - FIFRA Scientific Advisory Panel; Notice of 4-Day In-Person Meeting Location; Notice of Public Preparatory Webcast Meeting; Request for Comments on Prospective Candidate Ad Hoc Reviewers; Extension of Written Comment Periods
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 96 (May 17, 2018)
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22976-22978 | |
| FR Document | 2018-10577 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Notices] [Pages 22976-22978] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10577] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0617; FRL-9977-37] FIFRA Scientific Advisory Panel; Notice of 4-Day In-Person Meeting Location; Notice of Public Preparatory Webcast Meeting; Request for Comments on Prospective Candidate Ad Hoc Reviewers; Extension of Written Comment Periods AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The July 17-20, 2018, in-person meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review Resistance of Lepidopteran Pests to Bacillus thuringiensis (Bt) Plant Incorporated Plants in the U.S will be held in the Rosslyn Ballroom at the Holiday Inn Rosslyn at Key Bridge, 1900 North Fort Myer Drive, Arlington, VA 22209. For additional information on this in-person meeting, please refer to the March 5, 2018 Federal Register (FRL-9971-35). There will be a 2-hour preparatory webcast meeting on June 5, 2018 to consider and review the scope and [[Page 22977]] clarity of the draft charge questions before the July 17-20, 2018 meeting. In addition, the EPA is announcing and inviting comments on the experts currently under consideration as prospective candidates for ad hoc participation in this review. DATES: The preparatory webcast meeting will be held on June 5, 2018, from approximately 2 p.m. to 4 p.m. (EDT). This is an open public meeting that will be conducted via webcast using Adobe Connect and telephone. Registration is required to participate during this meeting. Please visit: http://www.epa.gov/sap to register. The EPA is extending the written public comment period for the June 5 preparatory webcast until June 1, 2018 and the July 17-20 in-person meeting until June 18, 2018. Comments. Written comments on the experts currently under consideration as prospective candidates for ad hoc participation in this review should be submitted on or before May 31, 2018. Written comments for the preparatory webcast meeting should be submitted on or before June 1, 2018 and June 18, 2018 for the in-person meeting. FIFRA SAP may not be able to fully consider written comments submitted after the respective due dates previously listed. Requests to make oral comments should be submitted on or before May 24, 2018 by contacting the Designated Federal Official (DFO) listed under FOR FURTHER INFORMATION CONTACT. For additional instructions, see Unit I.C. of the SUPPLEMENTARY INFORMATION. ADDRESSES: Meeting: The July 17-20, 2018 in-person meeting will be held at the Holiday Inn Rosslyn at Key Bridge, Rosslyn Ballroom, 1900 North Fort Myer Drive, Arlington, VA 22209. Comments. Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0617, by one of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001. Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Tamue L. Gibson, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 202-564-7642; email address: [email protected]. Special accommodations. For information on access or services for individuals with disabilities, and to request accommodation of a disability, please contact the DFO at least 10 days prior to the meeting to allow EPA time to process your request. SUPPLEMENTARY INFORMATION: I. General Information A. Does this action apply to me? This action is directed to the public in general. This action may be of interest to persons who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) and FIFRA. Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. B. What should I consider as I prepare my comments for EPA? 1. Submitting CBI. Do not submit CBI information to EPA through regulations.gov or email. If your comments contain any information that you consider to be CBI or otherwise protected, please contact the DFO listed under FOR FURTHER INFORMATION CONTACT to obtain special instructions before submitting your comments. 2. Tips for preparing your comments. When preparing and submitting your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html. C. How may I participate in this meeting? You may participate in this meeting by following the instructions in this unit. To ensure proper receipt by EPA, it is imperative that you identify docket ID number EPA-HQ-OPP-2017-0617 in the subject line on the first page of your request. 1. Written comments. Written comments on the experts currently under consideration as prospective candidates for ad hoc participation in this review should be submitted on or before May 31, 2018. Written comments for both the preparatory webcast and in-person meetings should be submitted, using the instructions in ADDRESSES and Unit I.B., on or before June 1, 2018 (preparatory webcast) and June 18, 2018 for the in- person meeting, to provide FIFRA SAP the time necessary to consider and review the written comments. The FIFRA SAP may not be able to fully consider written comments submitted after the respective due dates listed above. 2. Oral comments. Registration is required to participate in the June 5 preparatory webcast meeting. Please visit: http://www.epa.gov.sap to register. Each individual or group wishing to make brief oral comments to FIFRA SAP during the preparatory webcast should submit their request by registering with the DFO listed under FOR FURTHER INFORMATION CONTACT on or before noon May 24, 2018. Oral comments before FIFRA SAP during the preparatory webcast are limited to approximately 5 minutes due to the time constraints of this webcast. The Agency encourages each individual or group wishing to make brief oral comments to FIFRA SAP during the in-person meeting to submit their request to the DFO listed under FOR FURTHER INFORMATION CONTACT on or before May 24, 2018, to be included on the meeting agenda. Requests to present oral comments during the in-person meeting will be accepted until the date of the meeting and, to the extent that time permits, the Chair of FIFRA SAP may permit the presentation of oral comments at the meeting by interested persons who have not previously requested time. Oral comments during the in-person meeting are limited to approximately 5 minutes unless arrangements have been made prior to May 24, 2018. The request should identify the name of the individual making the presentation, the organization (if any) the individual will represent, and any requirements for audiovisual equipment. In addition, each speaker should bring 15 copies of his or her oral remarks and presentation slides (if required) for distribution to FIFRA SAP at the meeting by the DFO. 3. Webcast. The June 5 preparatory meeting will be webcast only. Please refer to the FIFRA SAP website at http://www.epa.gov/sap for information on how to access the webcast. Registration is required. [[Page 22978]] II. Background A. Purpose of FIFRA SAP Preparatory Webcast FIFRA SAP serves as a primary scientific peer review mechanism of EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) and is structured to provide scientific advice, information and recommendations to the EPA Administrator on pesticides and pesticide- related issues as to the impact of regulatory actions on health and the environment. FIFRA SAP is a Federal advisory committee established in 1975 under FIFRA that operates in accordance with requirements of the Federal Advisory Committee Act (5 U.S.C. Appendix). FIFRA SAP is composed of a permanent panel consisting of seven members who are appointed by the EPA Administrator from nominees provided by the National Institutes of Health and the National Science Foundation. The FIFRA SAP is assisted in their reviews by ad hoc participation from the Science Review Board (SRB). As a scientific peer review mechanism, FIFRA SAP provides comments, evaluations, and recommendations to improve the effectiveness and quality of analyses made by Agency scientists. The FIFRA SAP is not required to reach consensus in its recommendations to the Agency. B. Public Meeting During the preparatory webcast meeting scheduled for June 5, 2018, the FIFRA SAP will review and consider the scope and clarity of the Charge Questions for the Panel's July 17-20, 2018 Meeting on the Resistance of Lepidopteran Pests to Bacillus thuringiensis (Bt) Plant Incorporated Protectants in the United States. The SAP will receive a short background briefing on lepidopteran adaptation to Bt toxins in the U.S., including the EPA's assessment as to whether it is warranted scientifically to develop a resistance management plan for western bean cutworm. In addition, the panel members will have the opportunity to comment on the scope and clarity of the draft charge questions. Subsequent to this webcast, final charge questions will be provided for the FIFRA SAP's deliberation on the white paper, and supplemental information during the in-person meeting to be held July 17-20, 2018. C. FIFRA SAP Documents and Meeting Minutes EPA's background paper, charge/questions to FIFRA SAP, and related supporting materials will be available in early May. In addition, a list of prospective candidates currently under consideration for ad hoc participation in this review is now available for public comment until May 31, 2018. You may obtain electronic copies of most meeting documents, including FIFRA SAP composition (i.e., members and ad hoc members for this meeting) and the meeting agenda, at http://www.regulations.gov and the FIFRA SAP website at http://www.epa.gov/sap. Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C. 301 et seq. Dated: May 8, 2018. Stanley Barone Jr., Acting Director, Office of Science Coordination and Policy. [FR Doc. 2018-10577 Filed 5-16-18; 8:45 am] BILLING CODE 6560-50-P
![22976 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices
in its penalty calculation to consider negotiation of the penalty assessed in section 311(b)(6)(B)(ii) of the CWA and
material evidence regarding the the proposed CAFO, which takes the the Rules of Practice provide, not for a
magnitude of the violations to the local statutory penalty factors into account. meeting of that nature, but rather a
community. Petitioners cited, among Accordingly, the undersigned found hearing at which evidence is presented
other considerations, that Lake that with respect to this issue, for the purpose of determining whether
Michigan is a source of drinking water Petitioners did not present any fact or Complainant met its burden of proving
for residents of the City of Chicago and argument relevant and material to the that Respondent committed the
surrounding region and that the March proposed CAFO that was not already violations as alleged and that the
24, 2014 discharge of oil from the considered by Complainant. Thus, the proposed penalty is appropriate based
Facility into Lake Michigan occurred claim was denied. on applicable law and policy. The
only a few miles from the structures Third, Petitioners urged that a undersigned noted that Petitioners did
operating in Lake Michigan to collect Supplemental Environmental Project not specifically identify any testimonial
that drinking water. Petitioners further (SEP) be incorporated into the proposed or documentary evidence that they
argued that the violations were part of CAFO for local projects and that local would present at any such hearing. The
a broader environmental crisis residents be included in the projects. In undersigned further noted that
perpetuated by Respondent. The association with those requests, Petitioners did not offer in either their
undersigned determined that while Petitioners questioned the manner in Comments or the Petition any relevant
Complainant did not provide a detailed which funds for SEPs were distributed and material evidence or arguments that
explanation of how the civil penalty by EPA and the Department of Justice had not already been adequately
assessed in the proposed CAFO had and asserted that residents had not been addressed by Complainant. For these
been calculated, and in particular an included in projects occurring in the reasons, the undersigned found that
account of how the environmental Lake George Branch of the Indiana resolution of the proceeding by the
impact of the alleged violations on the Harbor Ship Canal. The undersigned parties would be appropriate without a
community, if any, was considered, it found that as Complainant had stated in hearing.
had considered and responded to its Response to Comments and Response The undersigned thus issued the
Petitioners’ arguments in its Response to to Petition, EPA lacks the legal authority Order Denying Petition to Set Aside
Comments and Response to Petition. to demand a SEP or control the Consent Agreement and Proposed Final
The undersigned further found that distribution of civil penalty funds. The Order.
Petitioners had produced no evidence to undersigned concluded that given this
lack of authority, the issues raised by Dated: May 8, 2018.
support their position or rebut Susan L. Biro,
Complainant’s position that it had Petitioners with regard to a SEP were
immaterial to the issuance of the Chief Administrative Law Judge.
properly implemented the applicable
policy governing its calculation and proposed CAFO. Thus, this claim was [FR Doc. 2018–10568 Filed 5–16–18; 8:45 am]
negotiation of the penalty assessed in denied. BILLING CODE 6560–50–P
Fourth, Petitioners urged that an
the proposed CAFO. The undersigned
independent advisory committee and
concluded that Petitioners had not met
environmental monitoring program for ENVIRONMENTAL PROTECTION
the burden of demonstrating that the
Respondent’s wastewater treatment AGENCY
matters they raised with respect to the
plant be created. Petitioners then
assessment of a higher penalty [EPA–HQ–OPP–2017–0617; FRL–9977–37]
questioned Respondent’s community
constituted material and relevant
outreach activities, which Complainant FIFRA Scientific Advisory Panel;
evidence that Complainant failed to had referenced in its Response to
consider in agreeing to the proposed Notice of 4-Day In-Person Meeting
Comments. The undersigned found that Location; Notice of Public Preparatory
CAFO. Thus, Petitioners’ claim in this as argued by Complainant in its
regard was denied. Webcast Meeting; Request for
Response to Petition, EPA lacks the Comments on Prospective Candidate
Second, Petitioners urged that an legal authority under section 311(b)(6) Ad Hoc Reviewers; Extension of
additional fine of $100,000 be levied of the CWA to establish advisory Written Comment Periods
against Respondent for its purported committees or environmental
culture of indifference towards health monitoring programs or compel AGENCY: Environmental Protection
and safety, which, according to Respondent to engage in outreach Agency (EPA).
Petitioners, was evident from the activities. The undersigned concluded ACTION: Notice.
violations Respondent has committed that given the absence of any material
and the ineffective responses it has and relevant issue not considered by SUMMARY: The July 17–20, 2018, in-
undertaken over many years. In Complainant with respect to the course person meeting of the Federal
considering this issue, the undersigned of action requested by Petitioners, their Insecticide, Fungicide, and Rodenticide
first noted that EPA is limited to claim in this regard was also denied. Act Scientific Advisory Panel (FIFRA
imposing the maximum penalty Having found that Petitioners failed to SAP) to consider and review Resistance
permitted under applicable law for the present any relevant and material of Lepidopteran Pests to Bacillus
violations alleged and determining the evidence that had not been adequately thuringiensis (Bt) Plant Incorporated
penalty based on the statutory factors considered and responded to by Plants in the U.S will be held in the
and that Petitioners failed to cite any Complainant in agreeing to the Rosslyn Ballroom at the Holiday Inn
legal authority allowing EPA to impose proposed CAFO, the undersigned then Rosslyn at Key Bridge, 1900 North Fort
daltland on DSKBBV9HB2PROD with NOTICES
a fine beyond the maximum statutory addressed Petitioners’ requests for a Myer Drive, Arlington, VA 22209. For
penalty. The undersigned then noted public hearing in their Comments and additional information on this in-person
that Petitioners also failed to offer any Petition. Noting that Petitioners meeting, please refer to the March 5,
argument or evidence rebutting appeared to seek a public forum, at least 2018 Federal Register (FRL–9971–35).
Complainant’s position that it had in part, for the parties to explain the There will be a 2-hour preparatory
properly implemented the applicable meaning of the proposed CAFO to the webcast meeting on June 5, 2018 to
policy governing its calculation and public, the undersigned observed that consider and review the scope and
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![22978 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices
II. Background prospective candidates currently under I. General Information
consideration for ad hoc participation in
A. Purpose of FIFRA SAP Preparatory A. Does this action apply to me?
this review is now available for public
Webcast This action is directed to the public
comment until May 31, 2018. You may
FIFRA SAP serves as a primary obtain electronic copies of most meeting in general. As such, the Agency has not
scientific peer review mechanism of documents, including FIFRA SAP attempted to describe the specific
EPA’s Office of Chemical Safety and composition (i.e., members and ad hoc entities that this action may apply to.
Pollution Prevention (OCSPP) and is members for this meeting) and the Although others may be affected, this
structured to provide scientific advice, meeting agenda, at http:// action applies directly to the submitters
information and recommendations to www.regulations.gov and the FIFRA of the PMNs addressed in this action.
the EPA Administrator on pesticides SAP website at http://www.epa.gov/sap.
and pesticide-related issues as to the B. How can I get copies of this document
Authority: 7 U.S.C. 136 et. seq.; 21 U.S.C. and other related information?
impact of regulatory actions on health 301 et seq.
and the environment. FIFRA SAP is a The docket for this action, identified
Federal advisory committee established Dated: May 8, 2018. by docket identification (ID) number
in 1975 under FIFRA that operates in Stanley Barone Jr., EPA–HQ–OPPT–2018–0097, is available
accordance with requirements of the Acting Director, Office of Science at http://www.regulations.gov or at the
Federal Advisory Committee Act (5 Coordination and Policy. Office of Pollution Prevention and
U.S.C. Appendix). FIFRA SAP is [FR Doc. 2018–10577 Filed 5–16–18; 8:45 am] Toxics Docket (OPPT Docket),
composed of a permanent panel BILLING CODE 6560–50–P Environmental Protection Agency
consisting of seven members who are Docket Center (EPA/DC), West William
appointed by the EPA Administrator Jefferson Clinton Bldg., Rm. 3334, 1301
from nominees provided by the National ENVIRONMENTAL PROTECTION Constitution Ave. NW, Washington, DC.
Institutes of Health and the National AGENCY The Public Reading Room is open from
Science Foundation. The FIFRA SAP is [EPA–HQ–OPPT–2018–0097; FRL–9977–19] 8:30 a.m. to 4:30 p.m., Monday through
assisted in their reviews by ad hoc Friday, excluding legal holidays. The
participation from the Science Review Certain New Chemicals or Significant telephone number for the Public
Board (SRB). As a scientific peer review New Uses; Statements of Findings for Reading Room is (202) 566–1744, and
mechanism, FIFRA SAP provides February and March 2018 the telephone number for the OPPT
comments, evaluations, and Docket is (202) 566–0280. Please review
recommendations to improve the AGENCY: Environmental Protection
the visitor instructions and additional
effectiveness and quality of analyses Agency (EPA).
information about the docket available
made by Agency scientists. The FIFRA ACTION: Notice.
at http://www.epa.gov/dockets.
SAP is not required to reach consensus SUMMARY: Section 5(g) of the Toxic
in its recommendations to the Agency. II. What action is the Agency taking?
Substances Control Act (TSCA) requires
EPA to publish in the Federal Register This document lists the statements of
B. Public Meeting findings made by EPA after review of
a statement of its findings after its
During the preparatory webcast notices submitted under TSCA section
review of TSCA section 5(a) notices
meeting scheduled for June 5, 2018, the 5(a) that certain new chemical
when EPA makes a finding that a new
FIFRA SAP will review and consider substances or significant new uses are
chemical substance or significant new
the scope and clarity of the Charge not likely to present an unreasonable
use is not likely to present an
Questions for the Panel’s July 17–20, risk of injury to health or the
unreasonable risk of injury to health or
2018 Meeting on the Resistance of environment. This document presents
the environment. Such statements apply
Lepidopteran Pests to Bacillus statements of findings made by EPA
to premanufacture notices (PMNs),
thuringiensis (Bt) Plant Incorporated during the period from February 1, 2018
microbial commercial activity notices
Protectants in the United States. The to March 31, 2018.
(MCANs), and significant new use
SAP will receive a short background
notices (SNUNs) submitted to EPA III. What is the Agency’s authority for
briefing on lepidopteran adaptation to
under TSCA section 5. This document taking this action?
Bt toxins in the U.S., including the
presents statements of findings made by TSCA section 5(a)(3) requires EPA to
EPA’s assessment as to whether it is
EPA on TSCA section 5(a) notices review a TSCA section 5(a) notice and
warranted scientifically to develop a
during the period from February 1, 2018 make one of the following specific
resistance management plan for western
to March 31, 2018. findings:
bean cutworm. In addition, the panel
members will have the opportunity to FOR FURTHER INFORMATION CONTACT: • The chemical substance or
comment on the scope and clarity of the For technical information contact: significant new use presents an
draft charge questions. Subsequent to Greg Schweer, Chemical Control unreasonable risk of injury to health or
this webcast, final charge questions will Division (7405M), Office of Pollution the environment;
be provided for the FIFRA SAP’s Prevention and Toxics, Environmental • The information available to EPA is
deliberation on the white paper, and Protection Agency, 1200 Pennsylvania insufficient to permit a reasoned
supplemental information during the in- Ave. NW, Washington, DC 20460–0001; evaluation of the health and
person meeting to be held July 17–20, telephone number: 202–564–8469; environmental effects of the chemical
2018. email address: schweer.greg@epa.gov. substance or significant new use;
daltland on DSKBBV9HB2PROD with NOTICES
For general information contact: The • The information available to EPA is
C. FIFRA SAP Documents and Meeting TSCA-Hotline, ABVI-Goodwill, 422 insufficient to permit a reasoned
Minutes South Clinton Ave., Rochester, NY evaluation of the health and
EPA’s background paper, charge/ 14620; telephone number: (202) 554– environmental effects and the chemical
questions to FIFRA SAP, and related 1404; email address: TSCA-Hotline@ substance or significant new use may
supporting materials will be available in epa.gov. present an unreasonable risk of injury to
early May. In addition, a list of SUPPLEMENTARY INFORMATION: health or the environment;
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Document Created: 2018-05-17 00:51:34
Document Modified: 2018-05-17 00:51:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | The preparatory webcast meeting will be held on June 5, 2018, from approximately 2 p.m. to 4 p.m. (EDT). This is an open public meeting that will be conducted via webcast using Adobe Connect and telephone. Registration is required to participate during this meeting. Please visit: http://www.epa.gov/sap to register. | |
| Contact | Tamue L. Gibson, DFO, Office of Science Coordination and Policy (7201M), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone | |
| FR Citation | 83 FR 22976 |
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